Patna High CourtCR. MISC./72395/2024bail granted

Ramesh Kumar Das v. The State Of Bihar

2024-10-03Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72395 of 2024 Arising Out of PS. Case No.-89 Year-2024 Thana- CHHAURADANO District- East Champaran ====================================================== Ramesh Kumar Das, (M), aged about 18 years, S/o Harindra Das, R/o Village- Sarmujwa (Ward No 1), P.S.- Bankul, Distt- Rothat, Nepal. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Ramakant Yadav, Advocate For the Opposite Party :

Mr. Rabindra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Chhauradano (Mahuawa) P.S. Case No. 89 of 2024 (NDPS G.R. Case No. 35 of 2024) dated 11.04.2024 registered for the offences punishable under Sections 20(b)(ii), C, 23(c) and 25 of the N.D.P.S. Act.

3. As per the prosecution case, 02 kgs., of Ganja was recovered from the petitioner and the other co-accused person, Amresh Kumar, while they were coming from Nepal on Apache Motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.72395 of 2024(2) dt.03-10-2024 2/2 present case. It is submitted that the petitioner has no concern either with the seized Ganja or with the motorcycle in question. It is further submitted that on the alleged date and time of occurrence, he was going to Nepal from his sister villageKadamwa, East Champaran, in the meantime, police apprehended him on the basis of suspicion. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application. The petitioner is in custody in this case since 12.04.2024.

5.Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge/Special Judge, East Champaran at Motihari, in connection with Chhauradano (Mahuawa) P.S. Case No. 89 of 2024 (NDPS G.R. Case No. 35 of 2024).

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T